by Heidi Dunst
In an attempt to see justice for their Fur Free Friday
action against Jacques Ferber Furs, Philadlephia activists turned the tables
on furrier Kenneth Ferber by forcing him to answer for his cruel dealings
in the fur trade.
Heidi Dunst, Kim Chicchi and Joe Bateman arrived at the
courthouse at 8am, and Ferber took a seat directly behind the activists
so that he could make sarcastic remarks throughout the proceedings. The
courtroom was packed and as we were charged with summary offences, ours
was to be one of the last cases heard. This annoyed Ferber so much that
if they could "hurry this thing up. I have to get back to work."
She asked the judge to review our case and when he did, he rolled his eyes
and asked Ferber, "Is this something we could clear up with a handshake
and an apology?" Ferber said no and the judge made him wait almos
four more hours. Victory number 1!
The case was finally heard at 12:15 pm and the prosecutor
called Ferber to the stand and asked him to describe what happened on Fur
Free Friday. He said that the activists entered the foyer of his fur store,
locked their necks together with bike locks and began to scream "like
little animals!" The way Ferber scowled that phrase made us see the
absolute hatred he has for the dead animals that hang in the window of
his store.
Then it was the activists turn to question Ferber. The
defendants were representing themselves and decided to use the necessity
defense, wherein their actions were justified in order to prevent a greater
evil from happening. Kim Chicchi was elected to do the questioning. The
exchange went like this:
Chicchi: "Mr. Ferber, can you tell the court what
are the five most common ways an animals is murdered to produce a fur coat?"
Ferber: "I only know of one. Humane lethal injection."
Chicchi told the judge that we had photos to prove otherwise,
but he wouldn't let the defense use them.
Chicchi: "Mr. Ferber, have you ever heard of mink
having their necks broken or being genitally electrocuted or of foxes and
other animals having their limbs caught in steel traps?"
Ferber: "No. Those are stories that you animal rights
people make up."
Chicchi: "Mr. Ferber, how many mink have to be murdered
in order to produce one full length fur coat?"
Ferber: "I don't know."
Chicchi: "Isn't it true, Mr. Ferber, that it takes
between 40 and 65 mink to make one coat?"
Ferber: "I guess so."
Chicchi: "So, Mr. Ferber, now can you tell the court
how many mink must be murdered to make one fur coat?"
Ferber: "...between 40 and 65."
Chicchi: "Mr. Ferber, do you feel that the making
and selling of fur coats is a morally bankrupt practice?"
Ferber: "No, not in any way."
Chicchi: "No further questions."
The judge told the defense that they had one last chance
to defend themselves. Dunst reiterated the necessity defense, Bateman read
to the court an entire piece of literature detailing the fur industries
murderous ways and Chicchi, once again, tried to show the court photos
of mutilated animals as she stated that she shares their pain.
The defendants were found guilty and Judge Robbins stated
that he sympathized with the cause, but that the activists had to be punished
for breaking the law. Though a decent judge, this did anger the defense
who had sat and watched all morning, as real criminals got off scott free.
The prosecutor asked for community service, but the judge decided to give
a fine, collectively, of almost $300. The punishment for not paying was
3 days in prison. The activists offered to be taken to jail immediately
as they did not want to reward a system that kills animals and punishes
their liberators.The judge refused to send anyone to jail and gave them
until May 27th to pay. At this point it will be taken up in court once
again.
Apparently the courts didn't want the activists in jail,
but rather wanted their money. Furthermore, this case proves that civil
disobedience and the subsequent right to defend yourself in a court of
law, is a win/win situation for activists.
At one point, Ferber had asked the judge to order restraining
orders against the group to stop the weekly CAFT protests. Judge Robbins
refused to do that, stating that this would be a violation of the activists
first amendment rights. Victory # 2!
This case is another example of how the no bail/do jail
position and the no compromise approach are the best court tactics available.
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